SUDAMA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed for quashing the order dated 21st February, 2007 that has been passed by the Sub-Divisional Magistrate quashing the resolution passed by the Gram Sabha on 13th March, 2005 for grant of agency of the Fair Price Shop to the petitioner.

(2.) The records of the writ petition indicate that the petitioner had earlier filed a writ petition in this Court which was disposed of by means of the judgment and order dated 6th December, 2006 for deciding the representation. The representation filed by the petitioner pursuant to the directions issued by this Court has been rejected by the order dated 21st February, 2007 stating that the directions regarding quota of Scheduled Caste as contemplated under the Government Order dated 17th August, 2002 had not been followed and, therefore, in order to give effect to the Government Order, the resolution passed by the Gram Sabha in its meeting held on 13th March, 2005 cannot be approved.

(3.) In our opinion the petitioner has an alternative remedy of filing an appeal against the aforesaid order before the Commissioner. The writ petition is, therefore, dismissed on the ground of availability of alternative remedy.